Take legal action against anyone responsible for your boat accident by partnering with an Arlington Heights boating accident lawyer. Your attorney will zealously advocate for your rights as they work to get you fair compensation for your losses.
Therman Law brings more than 75 years of combined experience to your boat accident case. Let an Arlington Heights personal injury lawyer help you recover compensatory damages while you recover from your boating accident and injuries. Schedule a free case evaluation to get started.
Why You Need Legal Representation After a Boat Accident
Dealing with the aftermath of a boat accident alone may be a big mistake. A liable party or their insurance company could offer a settlement to cover the costs of treating your injuries, repairing damage to your vessel, and other losses. If you approve this proposal, you could wind up accepting less than what you could get if you present your case to a judge or jury.
An Arlington Heights boating accident attorney takes care of your legal matters. They can negotiate a settlement on your behalf with the party responsible for your boat accident or their insurer.
If no agreement is reached, your attorney can bring your case to trial. No matter what happens, your lawyer protects your legal rights and best interests.
The Therman Law team has recovered over $100 million in compensation for our clients. On top of that, we have received many positive client testimonials. Trust us to help you with your boat accident case. Contact us for more information.
When to File an Arlington Heights Boating Accident Claim
The Illinois Compiled Statutes (ILCS) give you a short window for submitting a boat accident claim. Per 735 ILCS 5/13-202, the statute of limitations for a personal injury claim is two years. If this window elapses, you may lose your opportunity to seek compensation from anyone liable for your boating accident.
A boating accident lawyer in Arlington Heights submits your claim in accordance with Illinois law. Ideally, your attorney receives a settlement proposal from an at-fault party’s insurer.
Unfortunately, an insurance company may be more inclined to look out for its client than to compensate you for your losses. Thus, your lawyer may proceed with a lawsuit.
Your lawyer can share information about spoliation of evidence and other legal topics relating to your case. They prepare an argument that explains why you are in no way to blame for your boating accident. If their argument is successful, you could recover the compensation you need to recover financially from the incident.
How Much a Boat Accident Case Is Worth
Your boating accident attorney in Arlington Heights will encourage you to ask for economic and non–economic damages. Reasons a judge or jury may award damages to boat accident victims and their families include:
- Medical bills
- Lost wages
- Pain and suffering
- Costs of repairing or replacing your boat
- Burial and funeral expenses
Your lawyer learns about your back and neck injuries and other harm you suffered in a boating accident. Next, they calculate your losses and consider how they will argue your case. Ultimately, your attorney can collect a wide range of evidence to prove that a liable party was negligent.
The Role of Negligence in a Boating Accident Case
Saying a boat operator or another party is responsible for your accident is not enough to compel a judge or jury to award damages. Your attorney teaches you about negligence and its impact on your case.
They want to make it clear to the court that the following elements of negligence were present when your boat accident occurred:
- Duty of Care: A party has a legal obligation to comply with maritime law and other regulations and avoid doing things that could put you or anyone else in danger.
- Breach of Duty of Care: The party commits an act that most people would consider reckless or careless and could harm you or others.
- Causation: The party’s decision to violate their duty of care leads to your boating accident.
- Damages: You face losses due to this accident.
Witness statements, photos from the accident scene, and other evidence can strengthen your case. If you have an abundance of proof, a liable party may offer a reasonable settlement. Alternatively, your proof may prompt a judge or jury to provide you with a favorable ruling.
How Modified Comparative Negligence Applies to a Boating Accident Case
Illinois maintains a modified comparative negligence statute based on 735 ILCS 5/2-1116. With modified comparative negligence, more than one party can be held accountable for a boating accident. If you share the blame for your boat accident with someone else, you may get partial damages in a lawsuit if the other party is primarily responsible for the incident.
For example, a boat operator slams their vessel into yours. This happened at a time when you were driving your boat above the speed limit. You file a lawsuit, and the court reviews your case and rules that you are 20% liable for the accident. This means the defendant is required to cover 80% of your damages.
Modified comparative negligence prevents you from receiving damages if you are more to blame than anyone else for your boating accident. For instance, you file a lawsuit after a boat crash, and a judge or jury finds you more responsible than the defendant for this incident.
In this instance, you may be ineligible for damages and solely liable for your losses.
Give a Knowledgeable Boat Accident Attorney from Our Team the Opportunity to Help You with Your Case
At Therman Law, we understand the challenges you will encounter if you move forward with a boat accident case. Our team develops a custom legal strategy for you and positions you to recover damages that will serve you well for a long time.
Allow us to assist you with your boat collision case. Request a free case evaluation with us.